A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 06:30 on November 21, 2018, the Defendant drinked alcoholic beverages with the victim D (Inn, 32 years of age, nationality, Vietnam) who worked in the fourth floor of the Incheon Gyeyang-gu B building, and provided the victim with a mind to rape. As such, the Defendant demanded the victim to correct sexual intercourse, he was off the clothes of the victim, and she was off the victim’s body and walked the victim’s body with the victim’s finger, and tried to rape by inserting the victim’s sexual organ into the part of the victim’s body. However, the Defendant attempted to commit rape by inserting the victim’s sexual organ into the part of the victim’s body, but the Defendant did not intend to commit an attempted rape by inserting the victim’s ss sexual organ, and the scambling operator did not intend to commit an attempted rape by scambling and E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and (2), and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (1) 2 of the Act on the Lapse of Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

Reasons for sentencing

1. Scope of punishment: Three years to thirty years;

2. The types of recommendations according to the sentencing criteria; and